What the New Law Changes for Sex Workers

What the New Law Changes for Sex Workers

Since May 18, 2024, new rules govern advertising and the protection of adults engaged in sex work in Belgium. These rules aim to better protect sex workers, prevent abuse, and clarify what is permitted or prohibited.

Advertising Sexual Services: What Is Allowed

• You may advertise your own sexual services if you are an adult, either:
• in a window at a location designated for prostitution (for example, a red-light district),
• on a website or platform (newspaper, magazine) specifically dedicated to prostitution advertising.
• You may not advertise sexual services on behalf of another person unless you comply with all legal requirements (see below for agency or manager obligations).

Obligations for Websites, Agencies, and Employers

• Identity and Age Verification: Before publishing an ad, the website or agency must verify that you are an adult. They must request:
• an identity document (ID card, passport, etc.),
• a recent photo of your face taken on the day of the request,
• verification of your phone number and, if possible, your email address.
• The photo is not kept after verification and must be deleted.
• Information and Prevention: The website or agency must provide you with useful information about:
• safety when meeting clients (for example, not giving out your home address, keeping your documents elsewhere),
• prevention of sexually transmitted infections (STIs),
• opportunities for training, working safely, or changing careers,
• useful contacts for associations, unions, or specialized centers for sex workers and victims of trafficking.
• Protection Against Abuse: The website or agency must:
• clearly display the contact details for the Belgian contact point for victims of human trafficking (www.stoptraitehumaine.be, number 078 05 58 00),
• train staff to recognize signs of abuse or trafficking,
• immediately report any suspicion of abuse or trafficking to the authorities.
• Access Restricted to Adults: Ads must be clearly marked as restricted to adults.

Specific Rules for Online Platforms

• Easy Reporting: A button or clear method must allow anyone to report abuse or suspicious situations directly on the site.
• Access for Associations: Specialized associations, unions, or support centers may request to create an account on the platform to assist or inform sex workers.
• Experience Sharing: The site may offer a space where sex workers can communicate with each other (for example, to report violent clients or share advice).
• Contact with Police: The site must have a contact point easily reachable by police or judicial authorities and respond quickly in emergencies.
• Data Retention: Sites must keep certain information (copy of ID, account creation data, payments, etc.) for 3 years after the ad ends, solely to assist police or judicial investigations.

Key Points for Sex Workers

• You have the right to advertise your own services on authorized platforms.
• Your identity and age will be verified, but the photo taken for verification will not be kept.
• You must receive information about safety, health, and your rights.
• If you work with an agency or website, they have strict obligations to protect you and prevent abuse.
• If you have a problem or concern, you can contact specialized associations or the contact point for trafficking victims.

Sanctions for Non-Compliance

If a website, agency, or employer does not comply with these rules, they risk criminal penalties (prison and fines). Failure to comply with personal data protection rules may also be penalized.

Where to Find Help or More Information?

• The website www.stoptraitehumaine.be and number 078 05 58 00 to report or seek help in cases of trafficking or abuse.
• Associations and unions specialized in supporting sex workers.
• The Federal Public Service Justice website for up-to-date information on your rights and procedures.

In summary: The law aims to better protect sex workers, regulate advertising, and ensure that websites and agencies follow strict rules for your safety and rights.